BIOMECH SENSOR, LLC
BIOMECH GOLF PUTTING SENSOR TERMS AND CONDITIONS OF PURCHASE AND USE
STOP: THE SENSOR WORKS ONLY WHEN USED WITH THE BIOMECH GOLF APP FOR THE IPHONE OR IPAD AVAILABLE THROUGH THE APPLE APP STORE. THE SENSOR DOES NOT WORK WITH ANDROID DEVICES OR OTHER MOBILE OPERATING SYSTEMS.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR THE BIOMECH GOLF PUTTING SENSOR (“SENSOR”) FROM THE BIOMECH WEBSITE OR THROUGH THE BIOMECH GOLF APP, OR BY PURCHASING THE SENSOR OFFLINE OR IN A RETAIL ENVIRONMENT, OR BY USING THE SENSOR YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT PURCHASE THE SENSOR ONLINE OR THROUGH THE APP IF YOU ARE PROHIBITED FROM ACCESSING OR USING THE SITE (AS DEFINED BELOW) OR ANY OF THE SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase, sale, and use (whether by you, by someone you authorize, or someone to whom you provide the Sensor) of the Sensor, whether through the BioMech Sensor, LLC (“BioMech”) website at www.biomech.us (the “Site”), the BioMech Golf App that is licensed through the Apple App Store (the “App”) (purchases through the Site or App are “Online”), in a retail establishment (in “Store”), or any other offline environment (“otherwise”). These Terms are subject to change by BioMech (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on our Site, and you should review these Terms before purchasing from the Site or App. Your use of the Sensor will be governed by the Terms in effect when you purchased the Sensor. If you cannot substantiate the date when the Sensor was purchased, the most recent Terms posted to the Site will apply to you.
- Order Acceptance. You agree that your order Online is an offer to buy, under these Terms, all the Sensor(s) listed in your order. All orders for Online purchases must be accepted by us or we will not be obligated to sell the Sensor to you. We may choose not to accept any orders in our sole discretion, and we will advise you if we choose to not accept your order using one of the methods of contact you provided to us when you placed the order. After having received your order, we will undertake reasonable efforts send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
- All prices for the Sensor purchased Online are posted on the Site and are subject to change without notice. The price charged for the Sensor when purchased on Online will be the price in shown at the time the order is placed. Prices, whether Online, in Store, or otherwise, do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment for Online purchases are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Apple Pay, Visa, MasterCard, or American Express for all Online purchases (we may offer other forms of payment from time to time). You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Online Purchase: Shipments; Delivery; Title and Risk of Loss.
- For purchases Online we will arrange for shipment of the Sensor to you using the method of shipment that you specify. You will pay all shipping and handling charges specified during the ordering process.
- If shipped, title and risk of loss pass to you upon our transfer of the Sensor to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- No Returns Unless Defective. THE SENSOR WILL NOT WORK UNTIL IT IS ACTIVATED THROUGH THE APP, AND THEREAFTER USED WITH AN ACTIVE APP SUBSCRIPTION. THE SENSOR IS NON-REFUNDABLE AND NON-RETURNABLE UNLESS IT IS DEFECTIVE AND SUBJECT TO A WARRANTY CLAIM AS DESCRIBED IN SECTION 5, BELOW.
- LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND FROM COUNTRY TO COUNTRY.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.BIOMECH.US/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE SENSOR WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty? This limited warranty extends only to the party that activates the Sensor through the App. It does not extend to any subsequent or other owner or transferee of the Sensor.
- What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in the Sensor.
- What Does This Warranty Not Cover? This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by BioMech;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
BioMech will, in its sole discretion, determine if a returned Sensor is subject to a warranty replacement based on the requirements of this Section 5.
- What is the Period of Coverage? This limited warranty starts on the date of your activation of the Sensor through the App and lasts for ninety (90) days (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but changes will not be retroactive.
- What Are Your Remedies Under This Warranty? During the Warranty Period, we will repair or replace the Sensor free of charge to you. You will be responsible for the costs of returning the Sensor to us. However, we will pay for shipping and handling fees to return the repaired or replacement Sensor to you.
- How Do You Obtain Warranty Service? To obtain warranty service, you must email our Customer Service Department at WARRANTY@BIOMECH.US during the Warranty Period to request warranty service. In your email, please explain the nature of the problem and provide your full name, contact phone number, email address, and tell us from where you purchased the Sensor. We will promptly respond to you and work with you to process the warranty claim, as appropriate.
- Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- What can you do in case of a dispute with us? The dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying the Sensor for your own use, and not for resale or export. The Sensor may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).]
- Intellectual Property Use and Ownership. You acknowledge and agree that:
- The software and technology embedded within the Sensor (“BioMech IP”) is the intellectual property of BioMech. The purchase of the Sensor includes a non-exclusive, limited right and license to the BioMech IP solely for the purpose of using the Sensor in combination with the App.
- You will not copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the BioMech IP, except as expressly permitted under this Agreement.
- You will not attempt to reverse engineer, decompile, disassemble, or otherwise get at the BioMech IP. You will not cause, induce or permit others’ noncompliance with any of the terms and conditions of any of this BioMech Golf Putting Sensor Terms and Conditions nor with any of the terms and conditions of the BioMech Golf License Agreement that is applicable to the App.
- BioMech will remain the sole and exclusive owner of all intellectual property rights in and to the Sensor, or any underlying BioMech IP incorporated therein, and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademark and other intellectual property rights, subject only to the limited license granted hereunder. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Sensor, or of any intellectual property rights relating to the Sensor.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, vis major, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Virginia. The Convention on the International Sale of Goods shall not apply to this Agreement. Notwithstanding the foregoing, for purchases made in the Republic of South Africa, either Online, in Store, or otherwise, this Agreement shall be construed in accordance with the law of the Republic of South Africa.
- Dispute Resolution. You may elect to pursue any claim if you believe that we have breached this Agreement in small-claims court. You must pursue any claim within one year of the action under this Agreement that gave rise to the claim. The small-claims court proceeding will be limited solely to your individual dispute or controversy.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BioMech.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. Regardless of whether you purchase the Sensor on the Site, through the App, at a Store, or otherwise, we may provide any notice to you under these Terms by either: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at SUPPORT@BIOMECH.US; or (ii) by personal delivery, overnight courier or registered or certified mail to Legal Counsel, BioMech Sensor, LLC 2820 Waterford Lake Dr., Suite 105, Midlothian, VA 23112. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. Our order confirmation for Online purchases and these Terms (for Online or in Store purchases, or otherwise) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.